WEBSITE OWNER, OFFERINGS, AND BINDING OF TERMS
This website is owned and operated by Blooming Aquatics. These Terms set forth the terms and conditions under which you may use our website and services as offered by us. This website offers visitors the ability to view, purchase and submit inquiries regarding the nature aquarium products and services offered by Blooming Aquatics. By accessing or using the website of our service, you approve that you have read, understood, and agree to be bound by these Terms.
WHO CAN USE OUR WEBSITE
In order to use our website and/or receive our services, you must be at least 18 years of age, or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into these Terms as a binding agreement. You are not allowed to use this website and/or receive services if doing so is prohibited in your country or under any law or regulation applicable to you.
KEY COMMERCIAL TERMS OFFERED TO CUSTOMERS
When buying an item, you agree that: (i) you are responsible for reading the full item listing before making a commitment to buy it: (ii) you enter into a legally binding contract to purchase an item when you commit to buy an item and you complete the check-out payment process.
The prices we charge for using our services / for our products are listed on the website. We reserve the right to change our prices for products displayed at any time, and to correct pricing errors that may inadvertently occur. Additional information about pricing and sales tax is available on the payments page.
“The fee for the services and any other charges you may incur in connection with your use of the service or purchased products, such as taxes and possible transaction fees, will be charged your payment method.
DETAILED SERVICE PLAN TERMS:
PRODUCT RETURN AND REFUND POLICY
For any unopened products within their original packaging we will gladly accept and provide a full refund within 90 days of the date of purchase.
For any products, undamaged, and with original packaging we will accept and provide a full refund minus a 15% restocking fee within 30 days of the date of purchase.
Please note for shipping returns, customer assumes responsibility for shipping fees. For customers within the greater San Francisco Bay Area (California) and are currently or have purchased a services plan. We will gladly pickup the returned item and replace or refund upon prior agreement.
Please note the following products are not returnable: (i) Products if shown noticeable usage (at the discretion of Blooming Aquatics) (ii) Any live stock or plants.
To request a return simply call us at: 415.792.1688 or submit an email to firstname.lastname@example.org
RETENTION OF RIGHT TO CHANGE OFFERING
We may, without prior notice, change the services; stop providing the services or any features of the services we offer; or create limits for the services. We may permanently or temporarily terminate or suspend access to the services without notice and liability for any reason, or for no reason. Please refer to the latest terms & conditions of the purchased offerings for more details
OWNERSHIP OF INTELLECTUAL PROPERTY, COPYRIGHTS AND LOGOS
The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and all Intellectual Property Rights related thereto, are the exclusive property of Blooming Aquatics. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof.
RIGHT TO SUSPEND OR CANCEL USER ACCOUNT
We may permanently or temporarily terminate or suspend your access to the service without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms or any applicable law or regulations. You may discontinue use and request to cancel your account and/or any services at any time. Notwithstanding anything to the contrary in the foregoing, with respect to automatically-renewed subscriptions to paid services, such subscriptions will be discontinued only upon the expiration of the respective period for which you have already made payment
You agree to indemnify and hold Blooming Aquatics harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against them by any third party due to, or arising out of, or in connection with your use of the website or any of the services offered on the website.
LIMITATION OF LIABILTY
To the maximum extent permitted by applicable law, in no event shall Blooming Aquatics, be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the service.
To the maximum extent permitted by applicable law, Blooming Aquatics assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; and (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.
RIGHT TO CHANGE AND MODIFY TERMS
We reserve the right to modify these terms from time to time at our sole discretion. Therefore, you should review these page periodically. When we change the Terms in a material manner, we will notify you that material changes have been made to the Terms. Your continued use of the Website or our service after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) the website or the service.
PREFERENCE OF LAW AND DISPUTE RESOLUTION
These Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the services, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of United State of America, California, without respect to its conflict of laws principles. Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by a court of competent jurisdiction located in San Mateo County. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.